Form AOC-SP-310 "Notification of Change in Status for Defendant Previously Found Incapable to Proceed and Involuntary Committed to a State Mental Health Facility" - North Carolina

What Is Form AOC-SP-310?

This is a legal form that was released by the North Carolina District Court - a government authority operating within North Carolina. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on April 1, 2018;
  • The latest edition provided by the North Carolina District Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form AOC-SP-310 by clicking the link below or browse more documents and templates provided by the North Carolina District Court.

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Download Form AOC-SP-310 "Notification of Change in Status for Defendant Previously Found Incapable to Proceed and Involuntary Committed to a State Mental Health Facility" - North Carolina

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Special Proceeding File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District Court Division
IN THE MATTER OF
NOTIFICATION OF CHANGE
Name Of Defendant/Respondent
IN STATUS FOR DEFENDANT PREVIOUSLY
FOUND INCAPABLE TO PROCEED AND
State Mental Health Facility Where Defendant/Respondent Is Committed
INVOLUNTARILY COMMITTED TO A STATE
MENTAL HEALTH FACILITY
Criminal File No.
G.S. 15A-1002 to -1008; Chapter 122C
INSTRUCTIONS: The Assistant Attorney General at a State Mental Health facility completes the NOTIFICATION section below to notify the court:
- that the defendant/respondent has been re-evaluated and is thought to be capable to proceed or to be non-restorable to capacity; and/or
- that the defendant/respondent’s charges may be eligible for dismissal under G.S. 15A-1008(a); and/or
- of the current status of the defendant/respondent’s involuntary commitment.
After receiving the notification, the clerk of superior court must complete, place in the criminal case file, and distribute copies of form AOC-CR-430, “Notification
By Clerk For Defendant Previously Found Incapable To Proceed.” The clerk should not place this form AOC-SP-310 in the defendant/respondent’s criminal
case file. Form AOC-SP-310 should appear only in the defendant/respondent’s special proceeding file.
NOTIFICATION BY ASSISTANT ATTORNEY GENERAL
This is to notify the court of a change in status for the above-named defendant/respondent, who is charged in the above-named county
with
(specify offense(s))
,
who was previously found by the court to be incapable to proceed to trial pursuant to G.S. 15A-1002, and who was involuntarily committed
pursuant to Chapter 122C of the General Statutes of North Carolina.
1. Pursuant to G.S. 122C-278, the defendant/respondent has been re-evaluated by
on
. A copy of the examiner’s report is attached. The examiner is of the opinion that the
(forensic examiner)
(date)
defendant/respondent is
CAPABLE to proceed.
NON-RESTORABLE to capacity to proceed.
2. It appears to the Assistant Attorney General that one or more criteria for dismissal may have been met, pursuant to
G.S. 15A-1008(a), which states that the court shall dismiss the defendant/respondent’s charges upon the earliest of the following
conditions:
when it appears to the satisfaction of the court that the defendant/respondent will not gain capacity to proceed.
when as a result of incarceration, involuntary commitment to an inpatient facility, or other court-ordered confinement, the
defendant has been substantially deprived of his/her liberty for a period of time equal to or in excess of the maximum term of
imprisonment permissible for prior record Level VI for felonies or prior conviction Level III for misdemeanors for the most serious
offense charged.
upon the expiration of a period of five years from the date of determination of incapacity to proceed in the case of misdemeanor
charges or ten years have elapsed from the date of determination of incapacity to proceed in the case of felony charges.
3. The defendant is currently involuntarily committed to the State Mental Health Facility named above. Treating clinicians at that facility
recommend that the defendant/respondent’s involuntary commitment be
Continued. The commitment currently expires on
. If the defendant is required to appear in court while
(date)
he/she remains committed, the court may contact the Assistant Attorney General named below to make arrangements for the
defendant to attend court hearings.
Discontinued. A hearing to discharge the defendant/respondent from the State Mental Health Facility to custody of
the
County Sheriff is currently scheduled in the
County Court on
.
(date)
Date
Name Of Assistant Attorney General (type or print)
Signature Of Assistant Attorney General
AOC-SP-310, New 4/18
© 2018 Administrative Office of the Courts
Special Proceeding File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District Court Division
IN THE MATTER OF
NOTIFICATION OF CHANGE
Name Of Defendant/Respondent
IN STATUS FOR DEFENDANT PREVIOUSLY
FOUND INCAPABLE TO PROCEED AND
State Mental Health Facility Where Defendant/Respondent Is Committed
INVOLUNTARILY COMMITTED TO A STATE
MENTAL HEALTH FACILITY
Criminal File No.
G.S. 15A-1002 to -1008; Chapter 122C
INSTRUCTIONS: The Assistant Attorney General at a State Mental Health facility completes the NOTIFICATION section below to notify the court:
- that the defendant/respondent has been re-evaluated and is thought to be capable to proceed or to be non-restorable to capacity; and/or
- that the defendant/respondent’s charges may be eligible for dismissal under G.S. 15A-1008(a); and/or
- of the current status of the defendant/respondent’s involuntary commitment.
After receiving the notification, the clerk of superior court must complete, place in the criminal case file, and distribute copies of form AOC-CR-430, “Notification
By Clerk For Defendant Previously Found Incapable To Proceed.” The clerk should not place this form AOC-SP-310 in the defendant/respondent’s criminal
case file. Form AOC-SP-310 should appear only in the defendant/respondent’s special proceeding file.
NOTIFICATION BY ASSISTANT ATTORNEY GENERAL
This is to notify the court of a change in status for the above-named defendant/respondent, who is charged in the above-named county
with
(specify offense(s))
,
who was previously found by the court to be incapable to proceed to trial pursuant to G.S. 15A-1002, and who was involuntarily committed
pursuant to Chapter 122C of the General Statutes of North Carolina.
1. Pursuant to G.S. 122C-278, the defendant/respondent has been re-evaluated by
on
. A copy of the examiner’s report is attached. The examiner is of the opinion that the
(forensic examiner)
(date)
defendant/respondent is
CAPABLE to proceed.
NON-RESTORABLE to capacity to proceed.
2. It appears to the Assistant Attorney General that one or more criteria for dismissal may have been met, pursuant to
G.S. 15A-1008(a), which states that the court shall dismiss the defendant/respondent’s charges upon the earliest of the following
conditions:
when it appears to the satisfaction of the court that the defendant/respondent will not gain capacity to proceed.
when as a result of incarceration, involuntary commitment to an inpatient facility, or other court-ordered confinement, the
defendant has been substantially deprived of his/her liberty for a period of time equal to or in excess of the maximum term of
imprisonment permissible for prior record Level VI for felonies or prior conviction Level III for misdemeanors for the most serious
offense charged.
upon the expiration of a period of five years from the date of determination of incapacity to proceed in the case of misdemeanor
charges or ten years have elapsed from the date of determination of incapacity to proceed in the case of felony charges.
3. The defendant is currently involuntarily committed to the State Mental Health Facility named above. Treating clinicians at that facility
recommend that the defendant/respondent’s involuntary commitment be
Continued. The commitment currently expires on
. If the defendant is required to appear in court while
(date)
he/she remains committed, the court may contact the Assistant Attorney General named below to make arrangements for the
defendant to attend court hearings.
Discontinued. A hearing to discharge the defendant/respondent from the State Mental Health Facility to custody of
the
County Sheriff is currently scheduled in the
County Court on
.
(date)
Date
Name Of Assistant Attorney General (type or print)
Signature Of Assistant Attorney General
AOC-SP-310, New 4/18
© 2018 Administrative Office of the Courts